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HomeMy WebLinkAboutLL 2010 #04DAVID A, PATERSON (~OVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA AVE.UE 2010 LORRAINE A. CORT~:S-VAZQUEZ SECRETARY OF STATE RECEIVED Lynda M Rudder Deputy Town Clerk Town Hail, 53095 Mbin Street PO Box 1179 Southold NY 11971 JUL 30 ~10 Soulholcl Town Clerk RE: Town of Southold, Local Law 3 & 4, 2010, filed on July 22, 2010 Dear Sir/Madam: The above referenced material was received and filed by this office as indicated. Additional local law filing forms can be obtained from ourwebsite, ww,w:dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474-2755 SOUTHOLD TOWN BOARD PUBLIC HEARING July 13, 2010 7:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:51 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN, there has been pretshented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15 day of June 2010, a Local Law entitled "A Local Law in relation to Further Amendments to Wireless Communication Facilities"and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of July, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities'reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities § 280-67. Purpose. A. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and Amendments to Chapter 280, Wireless Communication Facilities 2 July 13, 2010 approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. Thce,-,--~"~ § 280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. § 280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility, e.g., water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. Amendments to Chapter 280, Wireless Communication Facilities 3 July 13, 2010 CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightning protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of mean sea level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discemible components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carder's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED -- Mounted on the roof of a building. B. SIDE-MOUNTED -- Mounted on the side of a building. C. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. D. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED -- Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED -- Mounted on the ground. Amendments to Chapter 280, Wireless Communication Facilities 4 July 13, 2010 ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RI:) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary movable facilities (i.e., wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, nnlicensed wireless services, and common-carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), enhanced specialized mobile radio (ESMR) service, and paging service. § 280-70. General requirements for all wireless communication facilities. A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. B. All '":-~ .......... :~n,:^- cn~:,:,: .... a ~a:~.~*:~-~ * ..... u c~:,:*:~ ~n~ ..... +: ....... c ^.a: ...... :~+ ........ a~r.-~a :- ~on ~a All wireless communication facilities, and modifications to such facilities (as defined in §280- 69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. No new antenna support structures may be constructed without a carder licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. Location of Wireless Facilities. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f}) being the lowest priority. Amendments to July 13, 2010 o Chapter 280, Wireless Communication Facilities 5 (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. e) A new antenna support structure on properties in the MI, MII, B or HB zoning districts. f} A new antenna support structure on properties in the AC, R-40, R- 80, R-120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites ofa hi~her priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co- location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commemial impracticabilit~ or hardship. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; (c) The use or construction of wireless facilities which is contrary to an already stated purpose of a specific zoning or land use designation; Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 (d) The placement and location of wireless facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; (e) Conflicts with the provisions of this chapter. ]~.E~. Guyed or lattice antenna support structures are prohibited. E:. F~. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater. (2) Land above high groundwater (within 10 feet of the surface). (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. ~. G_~. Fall zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. G:. H~. Federal aviation regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. t4. I_. Antenna support structures in the zoning districts LI, LIO, MI, MII, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. t~. J.~. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD Zoning Districts are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 square feet of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2)Maximum height: 45 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Subsection M; and Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 (5) 7 Noise from base equipment, including any backup generator, measures less than 45dB at an ...... a~ ~,:^~ ~ ,~ c~, c.~ ,u .......... * ......... all adjacent property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the maximum permissible exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office of Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: (1) Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. (2) Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. eqmpment shelter .......... ~ ............................... , L. (3) Base station ' v ....... ~ ...... ~...~,~ ..,:.~,~ c~:~;*:~ ~ .... c~+ ip 1. .... +~ ~ t~nn ....... ~ ....The base station equ ment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior-mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. (4) Base equipment ~ landscaping. A screen of evergreen trees shall be planted outside the fence of the .................................. base equipment area or shelter to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. (5) Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. § 280-71. Required approvals. app .... , ...... r .......... ~ ...... ~'v ..... , ..... v ................. ~ aoc-~a :- e,on ~n .o o.~,~a ~.~ ..... All ireless communication facilities and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain Amendments to Chapter 280, Wireless Communication Facilities 9 July 13, 2010 requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. A. Building permit required. (1) All applications for a building permit shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [1] Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature onto an existing building that is visible from outside for the purpose of accommodating interior- mounted antennas shall require site plan approval; and [2] Base station equipment: [a] Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [b] Located in an underground vault, with any aboveground components screened from view with evergreen planting; or [c] Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting; [d] Noise from base equipment, including any backup generator, measures less than 45dB at hhe-ae~ all adjacent property hnes ...... j ................. , or Modification, as defined in § 280-69, including co-location, of an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: [1] Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. ~-u~...~ ~.~ (b) Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 10 Exceptionally well-designed flush-mounted antennas may also fail into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2] }. Site plan approval required. (1) All applications for site plan approval shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280- 74, Application requirements. (2) Building Permit and Site Plan only. A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [1] Interior-mounted facilities that exceed the requirements of 8280-71A(2)(a). [-1-] [2_] Roof-mounted facilities shall conform to the following requirements: [al Visual impact minimized to the greatest extent possible; [b] Height limited to no more than 10 feet above the highest point of the building; and [g][3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [3] [~] Base station equipment {as specified above in Subsection A(2)(a)[2] }; or (b) Modification, as defined in § 280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: [1] Co-locations shall not extend the height of the structure more than 10 feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first 10 feet shall require special exception review and approval; and Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 11 [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. C. Special exception. All applications for special exception shall comply with the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-74, Application requirements. § 280-72. Site plan approval. A. Standards. In addition to the standards in Article XXIV and the standards in § 280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush-mounted and palmed or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the from facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be palmed or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access poims whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. (5) Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. (6) Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300 feet of a scenic road, as designated by the Town, shall not be Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 12 taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. (7) Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (8) Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. (9) Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10 feet above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35 feet, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced 30 feet on center. The trees must have an expected height at maturity of at least 10 feet less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. (10) Commemial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings Amendments to Chapter 280, Wireless Communication Facilities 13 July 13, 2010 and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. § 280-73. Special exception approval. A. Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. B. Standards. In addition to the standards in Article XXV of this chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities or, failing that, has made substantial effort to locate on municipally owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of this chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: Do (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless Amendments to Chapter 280, Wireless Communication Facilities 14 July 13, 2010 communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. A. Fees. The following fees are in place of those required in other sections of the Code: (1) Building permit application fees. (a) Modification: $500. (b) New facility: $750. (2) Site plan application fees. (a) Modification: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (4) Review by independent consultants. ....... , :~ ,~,~,s:~ .~,~ ~..~,~ The Town may hire any consultant(s) and/or expert(s) necessaw to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. (b) Withdrawals from said escrow account may be made from time to time to reimburse the ~ Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to [~ of its in:.tia! ....... a balance of less than $2,500.00, the Planning Board shall notify the applicant;-fl~:~t£:~, and the applicant shall immediately deposit additional funds into such account so as to Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 15 restore its balance~/. ~,~ :~',I~! ~ .... :+ to ............... at least $5,000.00 or to such sum as deemed necessary by the Gommitt~e Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the ~ Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s) qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. Building permit application. (1) The following application requirements are in addition to those required in § 144-8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (b) Written documentation as to the facility's structural compliance with local, state and federal codes. (c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other.documents verifying compliance with federal, state and local regulations. (d) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. (e) A "gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 16 (f) Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's fight to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with § 280-70 General requirements for all wireless communication facilities, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site plan application. The following application requirements are in addition to those required in § 280-133: (1) Seven copies of the completed building permit application required under Subsection B. (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual impact analysis: renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carriers already located on the facility, with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: (a) The nearest residential structure. (b) The nearest property line with a residential use. (c) All other structures. (d) Roads, rights-of-way, driveways. (11) Fall zone radius and distance. (12) Proposed means of access. Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 (14) D. 17 (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point, including antennas or lightning protection. Other information deemed by the Planning Board to be necessary to assess compliance with this article. Special exception application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this chapter: (1) Each application shall include: (a) One copy of the building permit application. (b) One copy of the site plan application. (c) A written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. (d) Other information deemed by the Planning Board to be necessary to assess compliance with this article. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co- location of additional antennas for future users. (3) The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. (4) The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co-location, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning co-location is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. Amendments to Chapter 280, Wireless Communication Facilities 18 July 13, 2010 § 280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: A. Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. B. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. C. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; height reduction. A. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall he presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the promises. Such assessment shall be and constitute a lien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fall to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owher of the property upon which the facility is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enfomement of real property taxes in the Town of Southold. B. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 19 at a height that is taller than that required by installed and operational antennas. C. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of wireless commtmication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law § 64(5- a) and govern the subject of removal of wireless communication facilities in this chapter. § 280 7~.! 77. Preexisting antenna support structures and antennas. A. Preexisting tran~m:.::"~n antenna support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting tra::am:.sg~.~n antenna support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting ~:~:.::icn antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. B. Any wireless service provider with at least one.preexisting tran:m[:z~cn antenna support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this chapter, prior to the adoption of this article, shall not he eligible for any new approvals until the preexisting tr~nsmissicn antenna support structure or antenna is brought into compliance with this article. C. Until all required permits are secured, no issuance of any new permit shall occur .............. antenna for a request to co-locate, attach, or share an existing ' ..... :"":^~ support structure, when such existing facility is found to have one or more antennas or mounts without permits. D. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting ............... antenna support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. 280 ?~.2 7._~8. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. A. Section 280-70t4 I(2), Maximum height: 80 feet. In commercial zones, where co- location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. Amendments to Chapter 280, Wireless Communication Facilities July 13, 2010 20 B. Section 280-70~4 I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. C. Section 280-72A(6), Scenic landscapes and vistas. The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. D. Section 280-70M N(4), Base equipment shelter landscaping. The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. E. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. F. Section 280-76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. § 280-79. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to §280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280 7~.2 80. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280-7-6~ 81. When effective. This article shall take effect immediately upon filing with the Secretary of State. We have a copy of the legal notice as it appeared with all the particulars on that. We have a notice that it appeared in the Suffolk Times on July 6 of 2010. We have notice, affidavits that it was posted on the Town Clerk's bulletin board. We have the recommendation of the Southold Town Planning Board, 'The Planning Board has Amendments to Chapter 280, Wireless Communication Facilities 21 July 13, 2010 reviewed the above amended proposed legislation and supports the amendments with no further comments or recommendations.' We also have a recommendation from the Suffolk County Department of Planning, 'Pursuant to the requirements of section A 14- 14 to 25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval or a disapproval.' We also got a letter from the LWRP coordinator, 'This proposed action was originally reviewed in February of 2009, it was found to be consistent with the LWRP program. The recent changes within the proposed local law were found to be not significant enough to warrant a second review of the action.' SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on the amendments to this particular local law? NANCY SAWASTYNOWICZ: Good evening, Nancy Sawastynowicz of Cutchogue. I haven't been following it. My concern is about putting this near schools, has that been researched because I know... SUPERVISOR RUSSELL: This law doesn't roll out the red carpet for these cell towers, in fact, quite the opposite. It puts more of a burden on applicants... MS. SAWASTYNOWICZ: Good. SUPERVISOR RUSSELL: To prove that the locations are safe and that the locations are needed because there is poor coverage in the area. What you tended to see historically was cell tower carriers going to the path of least resistance, these locations were you get a few towers in one small area so that the town wasn't adequately or well covered and then you had this congestion. The idea here is to tell these cell carriers, whoever wants to erect a cell, is show us that this is a dead spot that is going to serve the needs of not just telecommunications but that it is also a safe location. MS. SAWASTYNOWICZ: Well, my concern is, I can live without a cell phone and I know I am really old fashioned but I worry about historical buildings being ravaged to put towers in their churches and things like that. Can't we just put them all in the landfill and save all of the aggravation of putting it in historical buildings and Ugly places to look at? I mean, the landfill is a big space... SUPERVISOR RUSSELL: Every one of these is subject to a public heating through the Zoning Board of Appeals. The proposal .... MS. SAWASTYNOWICZ: Okay. I am sorry, I haven't really followed this. SUPERVISOR RUSSELL: The proposal in Cutchogue that you talk of would be subject to a hearing through the Zoning Board of Appeals. I think the problem is locating them all at the landfill, it is not going to address the need because the coverage needs to be Amendments to Chapter 280, Wireless Communication Facilities 22 July 13, 2010 scattered throughout the town. And although I probably would agree with you, gladly if everybody agreed tomorrow to do away with cell phones, I would be happy and I would be saving an awful lot of money in the near future because my daughter already wants one. But the fact is, it is here, this is the future. We can't stop them, by federal law we are preempted from banning cell towers or eliminating them, all we can do is put enough hurdles in their way to make sure that they are adequately located in a safe and in an effective location. MS. SAWASTYNOWICZ: Okay. After hearing that, maybe there could be a new code to prevent them from going in historical buildings and in school areas where children are and if we have a law to protect us from these ugly cell towers, it might help. Thank you. SUPERVISOR RUSSELL: Unfortunately we can't create legislation that would restrict them and if you do it on a health basis, we have no authority because again, the federal communication FCC, regulates the health standards and we are preempted from that federal law from acting based on health standards. All we can do is put enough requirements in the way and this legislation actually requires that we go out and get our own independent consultant that they have to pay for. They don't get to pick the consultant, we do to make sure that we are getting unbiased scientific information and not the sales pitch from the person that wants to locate the tower there. COUNCILMAN TALBOT: You notice, Nancy, one of the things with some of the historic buildings or the church steeples, they have been putting inside and you can't even see them from the outside. SUPERVISOR RUSSELL: That is the proposal that is in Cutchogue. Yes? ROBERTA LEE: Roberta Lee, good evening. Cntchogue. SUPERVISOR RUSSELL: Good evening. MS. LEE: I have a friend of mine whose parents have a home in Cutchogue and she lives in Port Washington and they went so far as to have the towers installed and she went so far as to have them taken down. If anyone would like any additional information about this, I would happy to get in touch with my friend and she is quite adamant about the detrimental side effects of having something like this and I just think that everybody is running out here, grabbing this and grabbing that, grabbing the other thing and it seems to make me feel living here that you almost have to watch out, you know, who is grabbing something from you. COUNCILMAN KRUPSKI: That is what it is every day here, at our meetings. The same thing. Constant pressure. COUNCILMAN TALBOT: What do you mean, they put it up and then they took it down because of the looks of it or potential dangers of it or what? Amendments to Chapter 280, Wireless Communication Facilities 23 July 13, 2010 MS. LEE: Because of the health effects, because of all of the research this woman did and she went literally door to door with a whole manifesto about the problems associated with having this type of an instrument in the community and she won. COUNCILMAN KRUPSKI: Well, could you give that information to the Planning director, Heather Lanza? Because she is the one who, Heather is the one who... MS. LEE: Heather? COUNCILMAN KRUPSKI: Yes. In the Planning department. MS. LEE: Okay. COUNCILMAN KRUPSKI: Because the Planning department is the department that reviews the applications, so that is who should have the information. MS. LEE: Alright. Very well, thank you. SUPERVISOR RUSSELL: Not to be an apologist for the cell tower carders, there is two sides to that issue on the health effects and that would be the requirement for coverage, town wide, police departments, fire departments etc. requiring or using cell phones in a community that is pretty sparsely populated .... MS. LEE: Can you say that again? SUPERVISOR RUSSELL: In a community that is spread out over 53 square miles, fire departments, the police departments use cell phones and the lack of reception could also be considered a health risk. It certainly has been raised by fire departments because of the poor communication. There are two sides to the issue. Again, at the end of the day, federal government gets to dictate the standards, not the town. All we can do is hope for the best locations possible and minimize the risk as best we can. MS. LEE: Yes but I would hope that the people who are, I live across the street from the Cutchogue project. I would hope that people would not be just so eager to grab the money. SUPERVISOR RUSSELL: That is what this legislation was about, because that is what the old cell tower code was about. There was no requirement other than it be located in an industrial zone. There was no rhyme or reason to it, you didn't even need to prove that that location served the purposes of better cell communications. This legislation tries to address all of that by putting a scientific basis on the site selection decision making to give the ZBA and the Planning Board the authority to weigh in and say, you know what? That location, you might be looking at those leases that are attractive to you as a landowner but they don't meet the needs of cellular communication and they don't meet the needs of the health, safety and welfare of this community, so we don't have to allow that site. That is exactly what this legislation tries to do. Amendments to Chapter 280, Wireless Communication Facilities 24 July 13, 2010 MS. LEE: Well, that is good. COUNCILMAN KRUPSKI: And it helps to steer the applicant, the cell phone companies, in the right direction so they don't come in with one site that is inappropriate and just beat their heads into the ground over that site when they can have clear guidance through the town code of where they should locate their towers. MS. LEE: Like Southampton. Okay, thank you very much. COUNCILMAN ORLANDO: And to ease Nancy's concerns, we have met with carriers and the town employees and there are four main sites, locations, that they are really trying to get coverage in. None of them are by schools, one of them is by Laurel Links golf course, town beach, Orient and North Bayview. Those are the four bad, bad spots. None of them by schools. MS. LEE: Schools, schmools. How about the rest of us? COUNCILMAN ORLANDO: Well, I was answering Nancy's concern with regard to school. MS. LEE: Okay. I understand. I wondered if anybody has gone to the King Kullen shopping center, has anybody seen that great big tower? COUNCILMAN ORLANDO: The Verizon one? Looks like a big drum, doesn't it? MS. LEE: A big dram, yes. And I was just, I just felt so terrific because I looked at it and it had an osprey nest on top of it and when the parents fly away to go get food, the babies arggh, arggh and throwing stuff out of the nest, so I just think, I felt that to be a very hopeful sign that these indigenous folk are .... COUNCILMAN ORLANDO: Well, I think it is apparent those towers are very, not inadequate but antique technology. They don't make those big drams like that anymore. It is antiquated technology. MS. LEE: Good. We want to keep it that way. COUNCILMAN ORLANDO: They are all flag poles now, you don't even see the towers. MS. LEE: Okay, thank you. COUNCILMAN ORLANDO: Thank you. SUPERVISOR RUSSELL: Would someone else like to address the Town Board on this particular issue? Amendments to Chapter 280, Wireless Communication Facilities 25 July 13, 2010 MANFRED LEE: Manfred Lee, Cutchogue. I would like to know if there is a way of reducing the speed through the town of Cutchogue? SUPERVISOR RUSSELL: What I will do is gladly take ali of your general concems about the community as soon as we just finish up this local law, we are going to go to the part of the meeting where you can address other concerns, other issues such as speeding etc. I just want to wrap up the local law, so I am going to ask people to keep their comments pertaining to the local law that we have up for right now. MR. LEE: Oh, okay. SUPERVISOR RUSSELL: And then I will discuss that other issue. MR. LEE: You know my house, my wife just mentioned it and cars come into Cutchogue at 50 and 60 miles an hour. Also going out. Recently I was cutting my lawn and east bound traffic had stopped to make left tums into Highland and they all come up on my lawn, passing by at 50 miles an hour and I almost got run over the other day because I had my lawnmower going, I couldn't hear the cars. They came inches, within inches and I got the guys license plate number but you know, what can you do? Anyhow, the other you know, what I want to talk about is the Heritage again. COUNCILMAN TALBOT: Mr. Lee, can you wait for that for about five more minutes? Once we get done with the public hearing, we will have open discussion. SUPERVISOR RUSSELL: We will finish the public hearing on the cell towers and then we will go to the general comment period right after. Would anybody else like to comment on this local law? (No response) Heating none. This hearing was closed at 8:06 PM Southold Town Clerk ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS 'MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765~1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 2010 Fed Ex Local Law No. 3 & 4 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 3 & 4 of 2010 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET Local Law Filing ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should bc given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. ~ County [] City [] Town of SOUTHOLD [] Village Local Law No. 4 of the year 2010. A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities". 3e it enacted the Town Board of the: [~ County [] City [] Town of [] Village SOUTHOLD Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities § 280-67. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing ~vireless service providers to meet their technological and service objectives. In addition, regulation the of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualifies of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. § 280-68. Scope. The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. § 280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omni-directional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication ~urposes, Lattice and towers not antenna structures. The including monopoles. guyed permitted are support t- erm includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility, e.g., water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carder for the purpose of Oransmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless commtmications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightning protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of mean sea level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-flamed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carder or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED -- Mounted on the roof of a building. B. SIDE-MOUNTED -- Mounted on the side of a building. C. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. D. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. E. INTERIOR-MOUNTED -- Mounted within a building or other structure so that the antennas are not visible from the outside. F. GROUND-MOUNTED -- Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. ~RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product ora wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary movable facilities (i.e., wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common-cartier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular 3 telephone service, personal communications service (PCS), enhanced specialized mobile radio (ESMR) service, and paging service. § 280-70. General requirements for all wireless communication facilities. A. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this a~icle and any other applicable sections of the Town Code. B. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. C. No new antenna support structures may be constructed without a carder licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. D. Location of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f)) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. (e) A new antenna support structure on properties in the MI, MI1, B or HB zoning districts. (f) A new antenna support structure on properties in the AC, R-40, R-80, R-120, R~200, R- 400, LB, RO, RR, HD or AHD zoning districts. 2. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. 3. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship. 4. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. 5. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related cod~s and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; (c) The use or construction of wireless facilities which is contrary to an already stated purpose of a specific zoning or land use designation; (d) The placement and location of wireless facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; (e) Conflicts with the provisions of this chapter. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) Wetlands, tidal and freshwater. (2) Land above high groundwater (within 10 feet of the surface). (3) Lands purchased with Community Preservation Funds. (4) Coastal erosion hazard areas. (5) Designated parkland. Fall zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. Federal aviation regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts LI, LIO, MI, MII, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD Zoning Districts are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 square feet of contiguous vacant land restricted from furore residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Subsection M; and (5) Noise from base equipment, including any backrup generator, measures less than 45dB at all adjacent property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the maximum permissible exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and 5 signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated fi.om the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office of Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co- location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: (1) Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. (2) Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation waming signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. (3) Base station equipment shelter. The base station equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior-mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. (4) Base equipment landscaping. A screen of evergreen trees shall be planted outside the fence of the base equipment area or shelter to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. 6 (5) Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. § 280-71. Required approvals. All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. Building permit required. (1) All applications for a building permit shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil Zoning District which conforms to the following requirements: [1] Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature onto an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and [2] Base station equipment: [a] Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [bi Located in an underground vault, with any aboveground components screened from view with evergreen planting; or [c] Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting; [d] Noise from base equipment, including any backup generator, measures less than 45dB at all adjacent property lines; or (b) Modification, as defined in § 280-69, including co-location, of an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: [1 ] Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. Site plan approval required. (1) All applications for site plan approval shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building Permit and Site P1/m only. A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil Zoning District which conforms to the following requirements: [1] Interior-mounted facilities that exceed the requirements of §280-71A(2)(a). [2] Roof-mounted facilities shall conform to the following requirements: Ia] Visual impact minimized to the greatest extent possible; lb] Height limited to no more than 10 feet above the highest point of the building; and [3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [4] Base station equipment (as specified above in Subsection A(2)(a)[2]); or (b) Modification, as defined in § 280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or Mil Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: [ 1 ] Co-locafions shall not extend the height of the structure more than 10 feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first 10 feet shall require special exception review and approval; and [2] Base station equipment (as specified above in Subsection A(2)(a)[2] }. Special exception. All applications for special exception shall comply with the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-74, Application requirements. § 280-72. Site plan approval. Standards. In addition to the standards in Article XXIV and the standards in § 280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush- mounted and painted or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. 8 (4) (5) (6) (7) (8) (9) (10) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side ora street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10 feet above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35 feet, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced 30 feet on center. The trees must have an expected height at maturity of at least 10 feet less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. § 280-73. Special exception approval. 9 Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Standards. In addition to the standards in Article XXV of this chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities or, failing that, has made substantial effort to locate on municipally owhed land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. Fees. The following fees are in place of those required in other sections of the Code: (1) Building permit application fees. (a) Modification: $500. (b) New facility: $750. (2) Site plan application fees. l0 (3) (4) (a) Modification: $1,000. (b) New facility: $2,000. Special exception application fee: $1,000. Review by independent consultants. (a) The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. (b) Withdrawals from said escrow account may be made from time to time to reimburse the Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to balance of less than $2,500.00, the Planning Board shall notify the applicant and the applicant shall immediately deposit additional funds into such account so as to restore its balance to at least $5,000.00 or to such sum as deemed necessary by the Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. Building permit application. (1) The following application requirements are in addition to those required in § 144-8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (b) Written documentation as to the facility's structural compliance with local, state and federal codes. (c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (d) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. (e) A "gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (f) Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with § 280-70 General requirements for all wireless communication facilities, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site plan application. The following application requirements are in addition to those required in § 280- 133: (1) Seven copies of the completed building permit application required under Subsection B. (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. (3) Visual impact analysis: renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. (4) Adjacent land uses, structures and zoning within 500 feet. (5) The location in latitude and longitude, type and height of the wireless communication facility. (6) A list of other carders already located on the facility, with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. (7) Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. (8) A photo of the facility, if already existing. (9) Location of landmarks listed by federal, state or Town agencies within 300 feet. (10) Distances between the proposed facility and the following: (a) The nearest residential structure. (b) The nearest property line with a residential use. (c) All other structures. (d) Roads, rights-of-way, driveways. (11) Fall zone radius and distance. (12) Proposed means of access. (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point, including antennas or lightning protection. (I 4) Other information deemed by the Planning Board to be necessary to assess compliance with this article. Special exception application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this chapter: (1) Each application shall include: (a) One copy of the building permit application. (b) One copy of the site plan application. (c) A written site location alteruative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. (d) Other information deemed by the Planning Board to be necessary to assess compliance with this article. (2) The applicant shall document to the satisfaction of the Planning Board that a good-faith effort 12 (3) (4) has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co- location, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning co-location is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. § 280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; height reduction. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the 13 statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law § 64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. 280-77. Preexisting antenna support structures and antennas. Preexisting antenna support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting antenna support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting antenna support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting antenna support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co- locate, attach, or share an existing antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting antenna support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. § 280-78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. Section 280-70I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller 14 than that required by installed and operational antennas. The applicant must show that co-location of other carders is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. Section 280-701(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. Section 280-72A(6), Scenic landscapes and vistas. The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. Section 280-70N(4), Base equipment shelter landscaping. The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. Section 280-77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting facilities, given the carder's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. § 280-79. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to §280- 73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280-80. Severability. ~.he various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280-81. When effective. This article shall take effect immediately upon filing with the Secretary of State. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 4 of 20 10 . of the (Ccux'q,')(C~'~y)(Town) ,rV~]1.~g:) of SOUTHOLD was duly passed by the TOWN BOARD on July 13 ,20 10 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage at~er disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20__. Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the OCounty)(City)(Town)(Village)_ of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affkmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Clerk of~ae County legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: Jul? 16, 2010 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) QTATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law containsJ, he~zm'~xt text and that all proper proceedings have been had or taken for the enactment of the local law annexed h~ Signature ~ Martin D. Finnegan, Town Attorney Jennifer Andaloro, Esq., Assistant Town Attorney Title Town of SOUTHOLD Date: July 16~ 2010 17 RESOLUTION 2010-516 ADOPTED DOC ID: 6028 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-516 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June 2010, a Local Law entitled "A Local Law in relation to Further Amendments to Wireless Communication Facilities"and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, so now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities" which reads as follows: LOCAL LAW NO. 4 of 2010 A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVII Wireless Communication Facilities § 280-67. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. :ghe-goats~f Resolution 2010-516 Board Meeting of July 13, 2010 § 280-68. Scope. The regulations of this article shall govem and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothifig herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. § 280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility, e.g., water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 2 Resolution 2010-516 Board Meeting of July 13,2010 carder for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightning protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of mean sea level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open- framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernible components or aspects of a wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carder or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: B. C. D. ROOF-MOUNTED -- Mounted on the roof of a building. SIDE-MOUNTED -- Mounted on the side of a building. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. INTERIOR-MOUNTED -- Mounted within a building or other structure so that the antennas are not visible from the outside. GROUND-MOUNTED -- Mounted on the ground. Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 3 Resolution 2010-516 Board Meeting of July 13, 2010 ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary movable facilities (i.e., wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common-carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), enhanced specialized mobile radio (ESMR) service, and paging service. § 280-70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. .~,, ........ ~n_~ :. e.on ~n All wireless communication facilities, and modifications to such facilities (as defined in §280-69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 4 Resolution 2010-516 Board Meeting of July 13,2010 facility, co-location or modification. D. Location of Wireless Facilities. 1. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (fl) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. (e) A new antenna support structure on properties in the MI, Mil, B or HB zoning districts. (f} A new antenna support structure on properties in the AC, R-40, R-80, R- 120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application. The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co-location is commercially or otherwise impracticable. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and o character of the community and neighborhood. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or historical district; (c) The use or construction of wireless facilities which is contrary to an already stated purpose of a specific zoning or land use designation; Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 5 Resolution 2010-516 Board Meeting of July 13,2010 (d) The placement and location of wireless facilities which would create an (e) unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; Conflicts with the provisions of this chapter. tXE~. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) (2) (3) (4) (5) Wetlands, tidal and freshwater. Land above high groundwater (within 10 feet of the surface). Lands purchased with Community Preservation Funds. Coastal erosion hazard areas. Designated parkland. Fall zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. C~.H~ Federal aviation regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts LI, LIO, MI, MII, B, and HB are subject to the following restrictions: (1) Minimum lot size: in accordance with the bulk schedule for each zone. (2) Maximum height: 80 feet. (3) Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD Zoning Districts are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 square feet of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 6 Resolution 2010-516 Board Meeting of July 13, 2010 (4) The structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Subsection M; and (5) Noise fi-om base equipment, including any backup generator, measures less than ..... ~.~,4~ ~.:~ ~ ,~ c~, c~ ~. ..... : ....· ........ all adlacent 45dB at ............................... ~u~.~ · property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the maximum permissible exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office of Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (5) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. L~. M__~. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. M:.N~. Site design standards. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 7 Resolution 2010-516 Board Meeting of July 13, 2010 (1) Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. (2) Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. (3)Base station equipment shelter, v · ,vv, square foci. The base station equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior-mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. (4) Base equipment shet~ landscaping. A screen of evergreen trees shall be planted outside the nce o e ................................. area ase equ ment area or shelter to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. (5) Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. § 280-71. Required approvals. ;,,/oet~ ~ n..,~,~,~ ~.~ .....All i 1 ication faciliti d difi ti h ... ~ ....., ............... w re ess commun es, an mo ca ons to suc facilities (as defined in §280-69) shall require a building pcb'mit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. A. Building permit required. Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 8 Resolution 2010-516 Board Meeting of July 13,2010 (1) All applications for a building permit shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building permit only. A wireless communication faciliiy is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: [ 1 ] Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature onto an existing building that is visible from outside for the purpose of accommodating interior-mounted antennas shall require site plan approval; and [2] Base station equipment: Ia] Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [b] Located in an underground vault, with any aboveground components screened from view with evergreen planting; or lc] Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting; [d] Noise from base equipment, including any backup generator, measures less than 45dB at themear~ all adjacent property lines ~c ~. ~; .... · .~:~ ...... (b) Modification, as defined in § 280-69, including co-location, of an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: [ 1 ] Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior- mounted in the existing structure and are not visible from the outside after installation. The ~a:c cquipmer~ area is expanded ~y zr2zrz. Exceptionally well-designed flush-mounted antennas may also fall into this category if they present no visible profile protruding from the surface to which they are mounted, and are camouflaged to blend in with the background surface to which they are mounted; and [2] Base station equipment {as specified above in Subsection Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 9 Resolution 2010-516 Board Meeting of July 13, 2010 A(2)(a)[2]}. B. Site plan approval required. (1) (2) All applications for site plan approval shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. Building Permit and Site Plan only. A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil Zoning District which conforms to the following requirements: [1 ] Interior-mounted facilities that exceed the requirements of §280- 71A(2)(a). [4-][2] Roof-mounted facilities shall conform to the following requirements: [a] Visual impact minimized to the greatest extent possible; [b] Height limited to no more than 10 feet above the highest point of the building; and [3][3] Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [3][4] Base station equipment {as specified above in Subsection A(2)(a)[21 }; or (b) Modification, as defined in § 280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or MII Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: [1 ] Co-locations shall not extend the height of the structure more than 10 feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first 10 feet shall require special exception review and approval; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. Special exception. All applications for special exception shall comply with the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-74, Application requirmnents. § 280-72. Site plan approval. Standards. In addition to the standards in Article XXIV and the standards in § 280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 10 Resolution 2010-516 Board Meeting of July 13,2010 installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush-mounted and painted or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) Access. Access to wireless facilities shall be from already established site access points whenever possible. (3) Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. (4) Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. (5) Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. (6) Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. (7) Color. Antenna support structures in the form ofmonopoles or other towers shall either be blue/gray in color or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. (8) Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. (9)Antenna support structures in or adjacent to residential zones. Where the site Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 11 Resolution 2010-516 (10) Board Meeting of July 13, 2010 proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10 feet above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35 feet, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance fi.om the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced 30 feet on center. The trees must have an expected height at maturity of at least 10 feet less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. § 280-73. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Standards. In addition to the standards in Article XXV of this chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: (1) Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities or, failing that, has made substantial effort to locate on municipally owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. C. Matters to be considered. In addition to the matters to be considered in Article XXV of Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 12 Resolution 2010-516 Board Meeting of July 13, 2010 this chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carder(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, roles and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. A. Fees. The following fees are in place of those required in other sections of the Code: (1) (2) (3) (4) Building permit application fees. (a) Modification: $500. (b) New facility: $750. Site plan application fees. (a) Modification: $1,000. (b) New facility: $2,000. Special exception application fee: $1,000. Review by independent consultants. Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 13 Resolution 2010-516 (b) (c) Board Meeting of July 13, 2010 .............. ' :~ ~'~-~;~^~ ~-'~ ~'~'~'~ The Town mayhire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. Withdrawals from said escrow account may be made from time to time to reimburse the ......... ~ ..... Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to V~c.~:+~.,~ ......~.:":+;~ ~..~.....' a balance of less than $2,500.00, the Planning Board shall notify the applicant;-ther~4~, and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ~ at least $5,000.00 or to such sum as deemed necessary by the Gommiiiee Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the .... ;~..,;-~ *'~-~ Planning Board may suspend its review of the application. The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the proiect, the remaining balance shall be promptly refunded to the applicant. B. Building permit application. (1) The following application requirements are in addition to those required in § 144- 8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (b) Written documentation as to the facility's structural compliance with local, state and federal codes. (c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (d) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 14 Resolution 2010-516 (2) Board Meeting of July 13, 2010 considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. (e) A "gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (f) Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with § 280-70 General requirements for all wireless communication facilities, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site plan application. The following application requirements are in addition to those required in § 280-133: (1) (2) (3) (4) (5) (6) (7) Seven copies of the completed building permit application required under Subsection B. Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. Visual impact analysis: renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. Adjacent land uses, structures and zoning within 500 feet. The location in latitude and longitude, tyne and height of the wireless communication facility. A list of other carriers already located on the facility, with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 15 Resolution 2010-516 facility. (8) (9) (10) (11) (12) (13) (14) Board Meeting of July 13, 2010 A photo of the facility, if already existing. Location of landmarks listed by federal, state or Town agencies within 300 feet. Distances between the proposed facility and the following: (a) The nearest residential structure. (b) The nearest property line with a residential use. (c) All other structures. (d) Roads, rights-of-way, driveways. Fall zone radius and distance. Proposed means of access. Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point, including antennas or lightning protection. Other information deemed by the Planning Board to be necessary to assess compliance with this article. 'Special exception application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this chapter: (1) (2) (3) (4) Each application shall include: (a) One copy of the building permit application. (b) One copy of the site plan application. (c) A written site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. (d) Other information deemed by the Planning Board to be necessary to assess compliance with this article. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not fcasible to co- locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless communication facility will accommodate co-location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co-location, and the extent to which the applicant has explored Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 16 Resolution 2010-516 Board Meeting of July 13, 2010 locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers conceming co-location is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. § 280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; height reduction. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 17 Resolution 2010-516 Board Meeting of July 13, 2010 a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law § 64(5-a) and govern the subject of removal of wireless communication facilities in this chapter. § 280-76.1 77. Preexisting antenna support structures and antennas. Preexisting transmission antenna support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting transmission antenna support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting transmission antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting transmission antenna support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting transmission antenna support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transmissiv, n antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transmission antenna support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 18 Resolution 2010-516 Board Meeting of July 13,2010 § 280 76.2 78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. Section 280-7014 I(2), Maximum height: 80 feet. In commercial zones, where co-location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. Section 280-70t4 I(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. Section 280-72A(6), Scenic landscapes and vistas. The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. Section 280-70M N(4), Base equipment shelter landscaping. The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. Section 280-76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. § 280-79. Relief. Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 19 Resolution 2010-516 Board Meeting of July 13, 2010 With the exception of relief from the denial of an application for special exception approval pursuant to §280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280 7~.oa 80. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280-76~ 81. When effective. This article shall take effect immediately upon filing with the Secretary of State. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Talbot, Kmpski Jr., Evans, Russell Updated: 7/13/2010 3:47 PM by Lynda Rudder Page 20 RESOLUTION 2010-515 ADOPTED DOC ID: 6026 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-515 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 13, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "~A Local Law in Relation to Further Amendments to Wireless Communications Facilities" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated July 12, 2010, which indicates that the proposed Amendments to the Code were not significant to warrant a second review and his original review dated October 19, 2009 is applicable, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 06/23/2010 15:11 6312035606 TOWN CLERK PAGE 01/01 Pag~ l ofl Kimberly Ottafi From: Sundy Schermeyer Sent: Wednesday, June 23, 2010 t:23 PM To: Lisa Dunlap; Kimberly Ottati Subject: FW: Notice to Adjacent of PH via mail Attachments: oledata.mso; amend Wireless Corem 7-13-10.doc From: Cooper, Linda [mallto;Linda.Cooper@town.sout~old.ny.us] .... Sent: Wednesday, June 23r 2010 11:03 AM To: Bunch~ Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Unda; Lanza, Heather; RaM~...~h, Linda S~_tandish, Lauren; Toth, Vlcki; Verity, Mike} P, iverhead Town Clerk; Shelter Island Town Clerk; Sundy Scher_;~er Subject: Notice to Adjacent of PH via mail June 23,201.0 PLEASE TAKE NOTICE that file Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13,2010: 7:35 PM -~Local Law in rein.ti.on to .F. grther Am.e. odmants to Wireless Co~nmunieatioa Faeilit[e~ Please sign a duplicate of this letter and return to me at ~our earliest convenience .by mail or email. Thard¢ you. Attaclmaents cc: Suffolk Comaty Department of Plann/ng Village of Oreenport Email: Southold Town Plam~ing Board Southold Town Assessors Southold Town Building DepmXment Town of Riverbead S i g/rra/ur~, I~ c eived ~B h V ~eea~rint ~a)r~e - Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Towel of Southampton PLEASE SIGN AND RETURN TO 5OUTHOLD TOWN CLERK 6/23/2010 Page 1 of 1 townclerk From: To: Sent: Attach: Subject: "Cooper, Linda" <Linda. Cooper@town.southold.ny.us> "Bunch, Connie" <Connie. Bunch@town.southold.ny.us>; "Cantrell, Elizabeth" <elizabethc@town.southold.ny.us>; "Cappabianca, Lucille" <lucillec@town.southold.ny.us>; "Cooper, Linda" <Linda. Cooper@town.southold.ny.us>; "Lanza, Heather" <heather.lanza@town.southold.ny.us>; "Randolph, Linda" <Linda. Randolph@town.southold.ny.us>; "Standish, Lauren" <Lauren. Standish@town.southold.ny.us>; "Toth, Vicki" <vicki.toth@town.southold.ny.us>; "Verity, Mike" <Mike.Verity@town.southold.ny.us>; "Riverhead Town Clerk" <Wllhelm@riverheadli.com>; "Shelter Island Town Clerk" <townclerk@shelterislandtown.us>; "Southampton Town clerk" <sschermeyer@southamptontownny.gov> Wednesday, June 23, 2010 11:02 AM image001 png; oledata.mso; amend Wireless Comm 7-13-10.doc Notice to Adjacent of PH via mail June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Neville Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead ~ceived y~ Please print/name t/ Town Clerk Elizabeth A. Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: R~CEIYED PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK dUi 75 2010 6/23/2010 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities elease sign Plea.~ a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead :uTe, Received/By print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Title: [/~///c-'~te' (.[e~.F-K PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK R~CEIVED Page 1 of 1 Cooper, Linda From: Bunch, Connie Sent: Wednesday, June 23, 2010 3:19 PM To: Cooper, Linda Subject: RE: Notice to Adjacent of PH via mail Got it From: Cooper, Linda Sent: Wednesday, June 23, 2010 11:03 AM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Notice to Adjacent of PH via mail June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and retum to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 6/23/2010 Diane Wilhelm From: Sent: To: Subject: Attachments: Cooper, Linda [Linda. Cooper@town.southold.ny.us] Wednesday, June 23, 2010 1'1:03 AM Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Notice to Adjacent of PH via mail oledata.mso; amend Wireless Corn m 7-13-10.doc June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Plamfing Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town'-o~R~t~ ~ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island To~-~outhampton Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page 1 of 1 Randolph, Linda From: Cooper, kinda Sent: Wednesday, June 23, 2010 11:03 AM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Notice to Adjacent of PH via mail Attachments: amend Wireless Comm 7-13-10.doc; image001 .png; oledata.mso June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department ,~/~of Riverhead Signhture, Receiv~ed B'~ ~ Please print name Elizabeth A. Neville Town Clerk Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Date: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 6/23/2010 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: ~5 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton S S~ture.Receiv, ed Bry ~ , e' Title: Please print name PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page 1 o£2 Leslie Weisrnan From: Neville, Bizabeth [E.Neville@town.southold.ny.us] Sent: Tuesday, July 13, 2010 5:11 AM To: Leslie Weisman Subject: RE: NotYes, ice to Adjacent of PH via mail Leslie, Yes, please do. Your response is part of the required documentation of the file. Thank you, BeVy Elizabeth A. Neville, RMC, CMC, MMC Southold Town Clerk PO Box1179 Southold, NY 11971 Tel631 765-1800 Fax 631 765-6145 From: Leslie Weisman [mailto:weisman@northfork.com] Sent: Thursday, June 24, 2010 10:21 AH To: Toth, Vicki Cc: Neville, Elizabeth Subject: RE: Notice to Adjacent of PH via mail Hi Betty, Did you want me to print and sign and send you the letter below? Leslie From: Toth, Vicki [mailto:vicki.toth@town.southold.ny.us] Sent: Wednesday, June 23, 2010 12:43 PM To: George Horning; ,lames Dinizio; Jerry Goehringer; zbal@optonline.net; Leslie Weisman Cc: grammyoftwins@gmail.com Subject: FVV: Notice to Adjacent of PH via mail From: Cooper, Linda Sent: Wednesday, June 23, 2010 11:03 AM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Notice to Adjacent of PH via mail June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities 7/13/2010 Page 2 of 2 Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town B~lilding Department ~'-l;own of Riverh~d gign~tur~, l~eceiv, ed ~y /. Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of S~utha/mpton Date: 7//~//,/O PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK I am using the Free version of SPAMfighter. SPAMfighter has removed 5053 of my spam emails to date. Do you have a Try free scan! 7/13/2010 LL/FURTHER AMENDMENTS TO WIRELESS CODE SUMMARY OF PROPOSED CHANGES THE PROPOSED LOCAL LAW THAT IS ON FOR PUBLIC HEARING THIS EVENING SETS FORTH VARIOUS AMENDMENTS TO THE PROVISIONS OF ARTICLE 17 OF THE TOWN ZONING CODE PERTAINING TO WIRELESS COMMUNICATION FACILITIES THAT CAN BE SUMMARIZED AS FOLLOWS: FIRST, THERE ARE CHANGES TO THE GENERAL REQUIREMENTS FOR ALL WIRELESS COMMUNICATION FACILITIES IN SECTION 280-70 AND THE INCORPORATION OF A PRIORITY LIST FOR LOCATING AND SITING EXISTING AND NEW WIRELESS FACILITIES WITHIN THE TOWN. IN NEW SECTION 280-70(J) THE NOISE FROM BASE EQUIPMENT STANDARD WAS MODIFIED SO THAT IT IS MEASURED FROM ALL ADJACENT PROPERTY LINES RATHER THAN FROM THE EQUIPMENT SHELTER. SECTION 280-71 WAS CLARIFED TO STATE THAT UNLESS OTHERWISE SPECIFIED IN THE CODE, ALL WIRELESS FACILITIES WILL REQUIRE A BUILDING PERMIT, SITE PLAN AND SPECIAL EXCEPTION APPROVAL. SECTION 280-74(A) WAS AMENDED TO CLARIFY THE PLANNING BOARDS RIGHT TO HIRE ANY CONSULTANT OR EXPERT NECESSARY TO ENABLE THE TOWN TO REVIEW AN APPLICATION AND REQUIRING THAT AN $8,500 RETAINER BE DEPOSITED IN ESCROW TO COVER THE TOWN'S CONSULTING FEES BEFORE THE APPLICATION WILL BE DEEMED COMPLETE. SECTION 280-77 WAS AMENDED TO CONSISTENTLY IDENTIFY TOWERS AS ANTENNA SUPPORT STRUCTURES THROUGHT THE CHAPTER. NEW SECTION 280-79 WAS ADDED TO PROVIDE FOR RELIEF FROM THE ZONING BOARD OF APPEALS FROM THE REQUIREMENTS OF THIS ARTICLE WITH THE EXCPTION OF RELIEF FROM THE DENIAL OF AN APPLICATON FOR SPECIAL EXCEPTION APPROVAL PURSUANT TO SECTION 280-73. THE COMPLETE PROPOSED TEXT AMENDMENT WILL BE MADE AVAILABLE AT THE TOWN CLERK'S OFFICE AND ON THE TOWN'S WEBSITE AT southoldtown.northfork.net. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM £~CE1VED d~,,_ ] ~ 2010 To: Supervisor Scott Russell Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: July 12, 2010 Re: Local Waterfront Revitalization Program Consistency Review for consideration of "A Local Law in Relation to Wireless Communications Facilities." This proposed action was originally reviewed in February of 2009 and was found to be CONSISTENT with the LWRP Program. The recent changes within the proposed local law were found to be not significant enough to warrant a second review of the action. Cc: Martin Finnegan, Town Attorney COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold Office of the Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Att: Ms. Elizabeth A. Neville, Town Clerk July 8, 2010 RECEIVED JUL 1 5 2010 Applicant: Town of Southold Zoning Action: Amendment: "A Local Law in relation to Further Amendments to Wireless Communications Facilities; Section 280-67 thru 280-81" S.C.P.D. FileNo.: SD-10-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas A. Isles, AICP Director of Planning H. Corral Planner JHC:jc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 87/08/2818 18:16 631-853-4844 $ C PL~NINS DEPT PAGE 82 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THO~,S A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 8, 2010 Town of Southold Office of the Town Clerk To~vn Hall, 53095 Main Road PO Box 1179 Southold, New York 11971 Att: Ms. Elizabeth A. Neville, Town Clerk Applicant: Town of Southold Zoning Action: Amendment: "A Local Law in relation to Further Amendments to Wireless Communications Facilities; Secdon 280-67 thru 280-81" S.C.P.D. FileNo.: SD-10-LD Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a mat~er for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas A. Isles, AICP Director of Planning H. Corral Planner IHC:jc LOCATION MAILING ADDRESS H LEE DENNrSON BLDG. -4TH FLOOR P.O. SOX 6100 (631) S$3-S191 100 VET~:RANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 863-40~4 PLANNING BO~I) MEMBERS MARTIN I~L SIDOR Chsit ~L~ J~ ~ETH k EDW~S JO~PH L. TO~ DON~D J_ ~LC~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD M.~n-.r~qC~ ADDI~E S S: P.O. Box 1179 So~ol~ ~ 11971 O~'~'l~ LOCATION: To~ H~ ~ 54375 S~ ~ (~r. M~n ~. & Y0~ Ave_) ~uthol~ ~ Telephone: 65t F~: 631 RECEIVED MEMORANDUM JOL 1 3 2010 Southold Town Clerk To: Scott Russell, Town Supervisor Members of the Town Board From: Martin Sidor, Planning Board Chairperson Members of the Planning Board Date: July 12, 2010 Re: Planning Board Comments on "A Local La,.w in relation to Amendments to Wireless Communication Facilities" The Planning Board has reviewed the above amended, proposed legislation and supports the amendments with no further comments or recommendations. Please call me with any questions or comments regarding the above. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ,;~/'~- day of ~,~, 2010, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Amendments to Wireless Comm. Fac. Elizabeth A. Neville Sworn before me this ,~/sp day of~_;.~, 2010. '~qotary l~ublic /- Southold Town Clerk LINDA J COOPER NOTARY PUBLIC, State of New York NO, 01CO4822563, Suffolk County Term Expires December 31, 20 ~,,,~. 9835 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 1st day of July, 2010. Sworn to before me this day of ,~ . . ~' Principal Clerk 2010. of Sout ed to be as unobtrusive as possible. § 2~0-~9. ReBe~ with Article XXVI of this chaoter. § ~7~ ~0. Severab~t~ OI uet paleU~!sap se 'peo~ muu~s e Jo looj 00~ LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of June 2010, a Local Law entitled "A Local Law in relation to Further Amendments to Wireless Communication Facilities"and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 13th day of July, 2010 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities"reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law in relation to Further Amendments to Wireless Communication Facilities". BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 280 of the Town Code of the Town of Southold is hereby amended as follows: ARTICLE XVll Wireless Communication Facilities § 280-67. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. The ~^~1~ § 280-68. Scope. The regulations of this article shall govem and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wireless communication facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC), Federal Aviation Administration (FAA) or other regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Title 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations, or satellite antennas that are used for individual business or residential voice, data, or video communications. § 280-69. Definitions. As used in this article, the following terms shall have the meanings set forth below: ANTENNA -- Any transmitting or receiving device, including whip (omnidirectional antenna), panel (directional antenna), disc (parabolic antenna) or similar device, mounted in or on a tower, monopole, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signal, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. ANTENNA SUPPORT STRUCTURE -- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for wireless telephone, television, radio and similar communication purposes, including monopoles. Lattice and guyed towers are not permitted antenna support structures. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, camouflaged tower structures, and the like. The term includes the structure and any support thereto. The term does not include wireless facilities located in or on existing buildings or structures that previously existed or are being constructed for a primary purpose other than a wireless facility, e.g., water tower, electric utility pole, or church steeple. BASE STATION EQUIPMENT -- Equipment integral to the operation of an antenna system. Base station equipment typically includes, but is not limited to, communications equipment cabinet/shelter, backup power supplies, generators, electric and telecommunications backboards, wiring, grounding loops, equipment enclosures, security fencing and lighting. CO-LOCATION -- The use of a single mount on the ground by more than one provider (vertical co-location) and/or several mounts on an existing tower, building or structure by more than one carrier for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. EQUIPMENT SHELTER -- An enclosed structure associated with the mount within which is housed the base station equipment for a wireless communications facility. FALL ZONE -- The area on the ground within a prescribed radius from the base of a wireless communications facility. The fall zone is the area within which there might be a potential hazard from falling debris or collapsing material, including the antenna support structure. GUYED ANTENNA SUPPORT STRUCTURE -- An antenna support structure that is supported, in whole or in part, by guy wires and ground anchors. HEIGHT -- When referring to a tower or other antenna support structure, the height is the distance from the top of the structure at its highest point, including antennas, lightning protection devices or any other apparatus attached to the top of the antenna support structure, to the base of the structure, measured in feet above ground level (AGL). Absolute height is the distance from the top of the structure, including all attachments, to the height of mean sea level (MSL). LATTICE ANTENNA SUPPORT STRUCTURE -- An antenna support structure that has open-framed supports on three or four sides and is constructed without guy wires and ground anchors. MODIFICATION -- The addition, removal, or change of any of the physical and visually discernible components or aspects ora wireless facility, such as antennas, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or replacement of the equipment. Adding a new wireless carrier or service provider (co-location) to a wireless communications tower or site is a modification. Modifications also include: extending the height of the antenna support structure above its current height, changing the footprint of the structure, expansion of the base station equipment or compound area, addition of antennas to an existing carrier's antenna array, re-orientation or relocation of existing antennas, changes affecting the operating frequencies, effective radiated power or number of operating channels. A modification shall not include ordinary maintenance, as defined herein. MONOPOLE -- A freestanding antenna support structure consisting of a single pole, without guy wires or ground anchors. MOUNT -- The structure or surface upon which antennas are mounted and/or the location of the antenna, e.g.: A. ROOF-MOUNTED -- Mounted on the roof of a building. B. SIDE-MOUNTED -- Mounted on the side of a building. C. STRUCTURE-MOUNTED -- Mounted on a structure other than a building. D. FLUSH-MOUNTED -- Mounted very close on a building or structure so that the profile of the antenna(s) is not readily apparent. INTERIOR-MOUNTED -- Mounted within a building or other structure so that antennas are not visible from the outside. F. GROUND-MOUNTED -- Mounted on the ground. ORDINARY MAINTENANCE -- Work done to an existing wireless telecommunications facility and antenna support structure for the purpose of maintaining them in good operating condition. Ordinary maintenance includes inspections and testing to maintain functionality, aesthetic and structural integrity, and involves the normal repair of a wireless facility including the like-for-like replacement of damaged or defective components without otherwise adding, removing, or substantially changing anything and therefore does not include modifications. RADIO FREQUENCY (RF) EMISSIONS or RADIATION -- The electromagnetic field of radiation emitted by wireless antennas. RADIO FREQUENCY (RF) PROFESSIONAL -- A person who specializes in the study of radio frequency engineering and has expertise in radio communication facilities. RADIO FREQUENCY (RF) SIGNAL -- The actual beam or radio waves sent and received by a wireless facility. A signal is the deliberate product of a wireless antenna. The RF radiation is the by-product. WIRELESS CARRIER -- A company that provides wireless telecommunications services. WIRELESS COMMUNICATIONS FACILITY -- Antenna or antenna support structure and base equipment, either individually or together, including permanent or temporary movable facilities (i.e., wireless facilities mounted on vehicles, boats or other mobile structures) used for the provision of any wireless service. WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common-carrier wireless exchange services, including, but not limited to, voice, data, images or other information, cellular telephone service, personal communications service (PCS), enhanced specialized mobile radio (ESMR) service, and paging service. § 280-70. General requirements for all wireless communication facilities. No wireless communication facility shall be used, erected or altered in the Town of Southold except in accordance with the provisions of this article and any other applicable sections of the Town Code. ...... ·: .......c~.a: ....... :-. ........ a~r._~ :. ~,on ~n All wireless communication facilities, and modifications to such facilities (as defined in §280- 69) shall require a building permit, site plan approval, and special exception approval, except those meeting certain requirements as stated in §280-71A(2) and §280-71B(2), and except in cases of ordinary maintenance as defined in §280-69. No new antenna support structures may be constructed without a carrier licensed by the FCC as a provider. An FCC-licensed provider of wireless communications services must be the applicant or the co-applicant for any proposed new wireless communication facility, co-location or modification. D. Location of Wireless Facilities. Applicants for wireless communications facilities shall locate, site and erect said wireless facilities in accordance with the following priorities, (a) being the highest priority and (f)) being the lowest priority. (a) On existing antenna support structure or other structures on Town owned properties, including the right-of-way. (b) On an existing antenna support structure or other structures on other property in the Town. (c) A new antenna support structure on Town owned properties. (d) A new antenna support structure on properties in the LI or LIO zoning districts. e) A new antenna support structure on properties in the MI, MII, B or HB zoning districts. A new antenna support structure on properties in the AC, R-40, R- 80, R-120, R-200, R-400, LB, RO, RR, HD or AHD zoning districts. If the proposed site is not proposed for the highest priority listed above, The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site selection. If appropriate, based on selecting a site of lower priority, a detailed written explanation as to why sites of a higher priority were not selected shall be included with the Application, The Applicant seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site. An Applicant may not by-pass sites of higher priority by stating the site proposed is the only site leased or selected. An Application shall address co-location as an option. If such option is not proposed, the Applicant must explain to the reasonable satisfaction of the Planning Board why co- location is commercially or otherwise impracticable, Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship. Notwithstanding the priorities above, the Planning Board may, if satisfied with the explanation provided by the Applicant, approve any site located within an area in the above list of priorities, provided that the Planning Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on the nature and character of the community and neighborhood. Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Plalming Board may also disapprove an Application for any of the following reasons. (a) Conflict with safety and safety-related codes and requirements; (b) Conflict with the historic nature or character of a neighborhood or (c) historical district; The use or construction of wireless facilities which is contrary to (d) an already stated purpose of a specific zoning or land use designation; The placement and location of wireless facilities which would create an unacceptable risk, or the reasonable probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; (e) Conflicts with the provisions of this chapter. Guyed or lattice antenna support structures are prohibited. Antenna support structures shall not be located in the following areas without a permit from all jurisdictional agencies: (1) (2) (3) (4) (5) Wetlands, tidal and freshwater. Land above high groundwater (within 10 feet of the surface). Lands purchased with Community Preservation Funds. Coastal erosion hazard areas. Designated parkland. Fall zones. An antenna support structure must include an area surrounding it that is free of other structures and areas where people congregate, except the base equipment, with a radius equal to a distance of two times the height of the structure. A smaller fall zone may be allowed if supported by a report submitted by a qualified structural engineer. The structural engineer's report shall be submitted to and reviewed by the Planning Board and corroborated by an independent consultant hired by the Town that demonstrates that a smaller fall zone is appropriate and safe. The fall zone of an antenna support structure must not include areas where people congregate, and must be clear of all structures except the base station equipment. Federal aviation regulations. All wireless facilities shall comply with applicable airport and/or air space hazard and/or obstruction regulations. Any facility that would be classified as an obstruction or hazard under current federal aviation regulations or would otherwise interfere with the operation of radio navigation aids, communications and/or airport operations is prohibited. Antenna support structures in the zoning districts LI, LIO, MI, MII, B, and HB are subject to the following restrictions: (1) (2) (3) Minimum lot size: in accordance with the bulk schedule for each zone. Maximum height: 80 feet. Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. &K_~. Antenna support structures permitted in AC, R-40, R-80, R-120, R-200, R-400, LB, RO, RR, HD, or AHD Zoning Districts are subject to the following conditions (in addition to any other applicable conditions): (1) Minimum area surrounding the proposed location: 200,000 square feet of contiguous vacant land restricted from future residential development by deed for the duration of the property's use for the wireless facility; and (2) Maximum height: 45 feet; and (3) The structure is a monopole with interior-mounted antennas, or a suitable unobtrusive camouflage structure; and (4) The structure is screened from view from surrounding properties by dense vegetation and trees, either planted or existing, and meeting the site design appearance criteria for residential zones in Subsection M; and (5) Noise from base equipment, including any backup generator, measures less than 45dB at ..... ,~:~ ~ .... :~ ~ a c~ c~^~ ,~ ..... : ...... ~1,~ all adjacent property lines; and (6) Minimum distance of all wireless equipment to adjacent residential property lines or street shall be no less than 500 feet. Radio emissions must fall within the maximum permissible exposure (MPE) limits established by the FCC. (1) A power density analysis of the radio emissions for the proposed wireless communication facility must be provided by the applicant. The power density analysis shall be prepared and signed by a qualified professional specializing in radio communication facilities. (2) The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility at the nearest point(s) of public access and the point(s) of greatest power density (if other than the nearest point of public access) are within the maximum permissible exposure (MPE) limits established by the FCC which are in effect at the time of the application. (3) The power density analysis must be based on the most recent edition of FCC Office of Engineering and Technology Bulletin No. 65, must cite the specific formulas and assumptions used and must show all calculations and must include simple sketches showing the spatial relationships between the facility and the points of interest. If the wireless communication facility would be co-located with an existing facility, or is I~.M~:. M=. N~. designed for future expansion or co-location, the cumulative effects of all emitters now on, or likely to be on, the facility in the future must also be analyzed. (4) The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy on all channels at a power level equal to the maximum transmitter power rating specified by the manufacturer. (s) The conclusions of the power density analysis must be corroborated by an independent radio frequency engineer retained by the Town to provide such determinations. At the request of the Building Inspector, owners of wireless facilities shall provide a structural inspection report prepared by a structural engineer which verifies the structural integrity of the wireless facility and any associated antenna support structures. No antenna support structure shall be constructed at, or remain at, a height that is taller than that required by installed and operational antennas. Site design standards. All wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed pursuant to the terms of this chapter: Setbacks. Antenna support structures and equipment facilities shall adhere to the setbacks for principal uses in the Bulk Schedule applicable to the zone in which the structure(s) are located, unless otherwise indicated elsewhere in this chapter. (2) Signs. Signs shall not be permitted on facilities except for signs displaying contact information and safety instructions, which are required. Safety signs shall be in accordance with American National Standards Institute (ANSI) standards for radio frequency radiation warning signs. Contact signs shall identify all service providers located on the facility and shall include normal and emergency contact information for each. Such signs shall not exceed five square feet in surface area. (3) Base stat'on equipment shelter e ....... ~ ...... ,...~,~a _,~,~oo c,~a:.;~o ~ .... ~. ...... ~ nnr~ ....... ~+ The base station equipment shelter shall be constructed with a finish similar to that of adjacent structures on the property and integrated into the architectural style. Any newly constructed base equipment shelter shall be located in accordance with the minimum height and yard requirements of the zoning district applicable to the site, and up to two adjacent off-street parking spaces may be provided for service vehicles. Notwithstanding the foregoing, base equipment related to interior-mounted wireless facilities shall be located in an area that is satisfactory to the Planning Board upon consideration of impacts on adjacent properties and minimizing visual impacts. (4) Base equipment shet~ landscaping. A screen of evergreen trees shall be planted outs]de the fence of the .................................. base equipment area or shelter to provide a visual screen or buffer for adjoining private properties and the public right-of-way or other vantage points accessible to the public. The screen shall consist of a double row of evergreen shrubs and trees that are of sufficient density and height to immediately screen the base equipment from view. Required front yard setback areas shall be landscaped and include shrubs and trees. Survivability of the landscaping shall be guaranteed and maintained by the applicant for the life of the installation. (5) Site lighting. The lighting permitted shall be the minimum required to protect the public welfare. Facilities sited on existing developed sites shall be incorporated into the lighting plans of those sites. Outside lighting shall use fully shielded fixtures so that the light source is not visible from beyond the property line, and no light is reflected or shone towards the sky, except in the case of structures required to follow FAA guidelines for safety lighting. § 280-71. Required approvals. a.n..a ;. ~280 ~9 .o o,.,.a ~.~ ..... All wireless communication facilities, ~d modifications to such hcilities (as defined in ~280-69) shall require a building pe~it, site pl~ approval, ~d special exception approval, except those meeting ce~ain requirements as stated in ~280-71A(2) ~d ~280-71B(2), and except in cases of ordin~y mainten~ce as defined in ~280-69. A. Building permit required. (1) All applications for a building permit shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280-74, Application requirements. (2) Building permit only. A wireless communication facility is a permitted use requiring only a building permit, without the requirement of site plan approval, and special exception approval, if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior-mounted in an existing building or existing structure in the LI, LIO, B, HB, MI, or MII Zoning District which conforms to the following requirements: Interior-mounted facilities in existing buildings shall be constructed so that the outward appearance of the building or structure before and after the installation is complete is identical or nearly identical. The addition of a significant architectural feature onto an existing building that is visible from outside for the purpose of accommodating interior- mounted antennas shall require site plan approval; and [2] Base station equipment: [al Located within an existing shelter or building, not to be expanded beyond an additional 10% of floor area; or [b] Located in an underground vault, with any aboveground components screened from view with evergreen planting; or Ici Entirely concealed from view with dense evergreen planting so that all equipment, shelters, fences, gates and other associated structures are not visible from any vantage point. Plantings shall be of sufficient size to achieve this screening effect immediately upon planting; [d] Noise from base equipment, including any backup generator, measures less than 45dB at thc ncarcgt all adjacent property lines of all ~'~: ........ :'~ ...... or (b) Modification, as defined in § 280-69, including co-location, of an existing antenna support structure or other wireless facility holding all valid permits and causing essentially no visible change to the exterior, and which conforms to the following requirements: Modifications causing essentially no visible change in the appearance of the exterior means that the antennas are interior-mounted in the existing structure and are not visible from the outside after installation. T~c possible; Exceptionally well-designed flush-mounted ~te~as may also fall into this catego~ if they present no visible profile protruding from the surhce to which they ~e mounted, and are camouflaged to blend in with the background s~hce to which they ~e mounted; and [21 Base station equipment {as specified above in Subsection A(2)(a)[2]}. Site plan approval required. (]) All applications for site plan approval shall comply with § 280-70, General requirements for all wireless communication facilities, and § 280- 74, Application requirements. (2) Building Permit and Site Plan only. A wireless communication facility is a permitted use requiring a building permit and site plan approval without the requirement of special exception approval if it conforms to § 280-70 and falls in one of the following two categories: (a) New wireless facility that is interior, roof- or side-mounted to an existing building or existing structure in the LI, LIO, B, HB, MI, or Mil Zoning District which conforms to the following requirements: Interior-mounted facilities that exceed the requirements of §280-71A(2)(a) [4-][2] Roof-mounted facilities shall conform to the following requirements: [a] Visual impact minimized to the greatest extent [b] Height limited to no more than 10 feet above the highest point of the building; and Side-mounted facilities shall be flush-mounted and painted or otherwise camouflaged to blend with the facade or background materials of the structure; and [S][_4] Base station equipment {as specified above in Subsection A(2)(a)[2]}; or (b) Modification, as defined in § 280-69, including co-location, to an existing wireless facility holding all valid permits in the LI, LIO, B, HB, MI, or Mil Zoning Districts and causing a visible change to the exterior, and which conforms to the following requirements: ill Co-locations shall not extend the height of the structure more than 10 feet over the original approved structure. To prevent the incremental extension of height over time, any subsequent application with a proposed extension beyond the first 10 feet shall require special exception review and approval; and [2] Base station equipment {as specified above in Subsection A(2)(a)[2]}. Special exception. All applications for special exception shall comply with the standards in § 280-70, General requirements for all wireless telecommunication facilities, and § 280-74, Application requirements. § 280-72. Site plan approval. Standards. In addition to the standards in Article XXIV and the standards in § 280-70 herein, all wireless facilities, including co-locations, shall be the least visually obtrusive design possible that also permits the applicant to achieve its service needs. To that end, the following design standards shall apply to all wireless communication facilities installed or constructed that require site plan approval: (1) Camouflage on buildings. Wireless antennas, if mounted on a building facade, shall be flush-mounted and painted or otherwise treated to blend with the facade. When a wireless communication facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public and residential vantage points, yet permit the facility to perform its designated function. Facilities mounted on a roof shall be stepped-back from the front facade in order to limit their impact on the building's silhouette. If antennas are part of the stepped-back facility, the applicant shall submit an access control plan that precludes inadvertent access to the front faces of the antennas by building workers and the general public. The wireless communication facilities shall blend in with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building. (2) (3) (4) (5) (6) (7) (8) (9) Access. Access to wireless facilities shall be from already established site access points whenever possible. Dish antennas. Dish antennas shall be colored, camouflaged or screened to the extent that they are as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Electric line setback. Except for wireless facilities specifically designed for mounting on electric transmission towers, or within the footprint of such towers, no wireless communication facility shall be located nearer to any overhead electric transmission line carrying more than 220 volts than a distance equal to the facility's height above the roof or other permanent structure to which it is attached. Co-location. Wireless communication facilities shall be designed to provide for co-location by multiple providers or designed so that they can be retrofitted to accommodate multiple providers, wherever possible. Scenic landscapes and vistas. All antenna support structures which are not concealed inside of buildings or screened by existing trees or buildings must be surrounded by a planted buffer of dense tree growth. An antenna support structure that is located within a scenic vista or scenic landscape or within 300 feet of a scenic road, as designated by the Town, shall not be taller than 10 feet above the height of trees within a radius of 300 feet of the proposed location, or 35 feet maximum in the absence of trees. Color. Antenna support structures in the form of monopoles or other towers shall either be blue/gray in color or be colored appropriate to the context of the structure's location so that the tower is as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). If a wireless communication facility is installed on a structure other than a tower, the anteima and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the colors of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Wireless facilities sited within new structures meant to mimic some other structure or natural feature must be designed at a scale compatible with the community, be unobtrusive, and characteristic of the area. Antenna support structures in or adjacent to residential zones. Where the site proposed for an antenna support structure is located within a residential zone or has one or more property lines abutting or on the opposite side of a street from a residential zone or use permitted in a residential zone, no antenna support structures may be constructed unless adequately screened from view of those residential zones by existing buildings or large trees, including evergreens. The structure may protrude no more than 10 feet above screening buildings and/or trees. In the absence of an adequate arrangement of existing large trees or buildings to provide effective screening, the height of the proposed structure may be no more than 35 feet, and the base equipment must be buried in an underground vault. Two rows of evergreen trees must be planted encircling the structure, one row at a distance from the structure of 50% of the height of the structure, and the other at 90% of the height of the structure. Transplanted trees shall have a minimum caliper of three inches, spaced 30 feet on center. The trees must have an expected height at maturity of at least 10 feet less than the height of the structure to be screened. Smaller evergreen shrubs must be used to fill in the gaps in between for screening during the time the trees are filling in and maturing. The Planning Board may vary the arrangement of the trees and shrubs to accommodate specific site conditions, and accomplish the goal of screening the facility from view of residential properties. A written guarantee from the wireless facility's owner shall be required to ensure that the plantings survive and are maintained throughout the existence of the installation. (10) Commercial and industrial siting. Antenna support structures to be sited on developed commercial or industrial properties shall be located to the rear of other principal buildings and shall not encroach on planting buffers, parking areas or otherwise impair the operation of previously approved systems such as stormwater drainage basins. Existing buildings and structures should be used in the siting of freestanding towers to contribute to the visual screening of the antenna support structure. § 280-73. Special exception approval. Authority. For the purposes of this section, notwithstanding Article XXV of this chapter, the Planning Board shall be empowered to issue a special exception approval for wireless communication facilities, subject to the provisions of this chapter. Standards. In addition to the standards in Article XXV of this chapter, no special exception approval shall be granted unless the Planning Board specifically finds and determines the following: Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. (2) The applicant has made substantial effort to co-locate with existing wireless facilities or, failing that, has made substantial effort to locate on municipally owned land or structures, or within or on existing buildings or structures. (3) There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives. Matters to be considered. In addition to the matters to be considered in Article XXV of this chapter, the Planning Board shall give consideration to the following in issuing a special exception approval for wireless communication facilities: (1) The proposed antenna support structure must be demonstrated to be the lowest height above the ground feasible to achieve the service needs of the carrier(s). The rationale behind the explanation by the applicant must be corroborated by an independent consultant hired by the Town. (2) The wireless communication facility has been situated to minimize its proximity and visibility to residential structures, residential district boundaries and landmarks designated by Town, federal or state agencies. (3) The wireless communication facility is designed and situated to be compatible with the nature of uses on adjacent and nearby property. (4) The wireless communication facility has been designed to use the surrounding topography to minimize its visual impacts. (5) The wireless communication facility has been designed to use the surrounding tree, building or foliage coverage to minimize its visual impacts. (6) The wireless communication facility maximizes design characteristics to reduce or eliminate visual impacts and obtrusiveness. (7) Other adequate conditions have been placed on the wireless communication facility which will minimize any adverse impacts of the facility on adjoining properties. Expiration. Any special exception approval granted under this article shall have a term of five years, commencing from the grant of the special exception, which may be extended for an additional five-year term upon application to the Planning Board. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the special exception approval and site plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. Subsequent special exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. § 280-74. Application fees and requirements. A. Fees. The following fees are in place of those required in other sections of the Code: (1) Building permit application fees. (a) Modification: $500. (b) New facility: $750. (2) Site plan application fees. (a) Modification: $1,000. (b) New facility: $2,000. (3) Special exception application fee: $1,000. (4) Review by independent consultants. (a) ....... , ;~ ~,~.~;~.~ ~.~ v,,.~ The Town may hire any consultant(s) and/or expert(s) necessary to assist the Town in reviewing and evaluating the Application, including the construction and modification of the site, once permitted, and any site inspections. Said escrow account shall be funded by the applicant with an initial deposit of $8,500.00. No application shall be considered complete for review purposes until an escrow account is established and funded. (b) Withdrawals from said escrow account may be made from time to time to reimburse the P!arm;.ng Board Town for the cost of its consultant(s') professional review services actually incurred in connection with the review of any application including where applicable, the lease negotiation, the pre-approval evaluation, and the construction and modification of the site, once permitted. Whenever the balance in such escrow account is reduced to ¥4 of ;*-:-;*:~ ......* b 1 fl th $250000 thePla i g ................... a aanceo ess an , . , nnn Board shall notify the applicant;-thereafte~, and the applicant shall immediately deposit additional funds into such account so as to restore its balance to ~/- ^f+h~ l_:+;.1 A .... 1+ t $5 .................. v .... at leas ,000.00 or to such sum as deemed necessary by the Gommi~aee Planning Board. If such account is not replenished within 30 days after the applicant is notified in writing of the requirement for such additional deposit, the re;Sewing 5card Planning Board may suspend its review of the application. (c) The consultant(s) will work under the direction of the Town Planning Director. Copies of the consultant(s') qualifications, findings and reports will be provided to the applicant and an opportunity given to the applicant to respond to the content of the consultant(s') report prior to any decisions being made. In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant. Building permit application. (1) The following application requirements are in addition to those required in § 144-8C. (a) Written analysis demonstrating the project complies with the maximum permissible exposure regulations in accordance with § 280-70J. (b) Written documentation as to the facility's structural compliance with local, state and federal codes. (c) Copies of all applicable FCC licenses, notices of proposed construction or alteration, federal environmental impact statements and other documents verifying compliance with federal, state and local regulations. (d) Propagation maps shall be submitted for existing coverage from existing surrounding and/or approved sites, coverage from all alternative sites considered and coverage from the proposed site. Propagation maps shall include a minimum of three signal strength depictions (-75dBm, -85dBm and -95dBm) and any other signal strength levels deemed appropriate by the applicant based on the applicant's documented coverage and reliability needs. (e) A "gap map" prepared and signed by a qualified radio frequency engineer and overlaid on an "existing coverage" background propagation map demonstrating the area(s) within which the applicant's existing service is not adequate. In addition, a search ring shall be depicted indicating where the wireless communication facility needs to be located in order to provide adequate signal strength and/or capacity to the target gap area. The applicant must explain and document its standards and criteria for adequate signal strength, capacity and reliability and must demonstrate to the satisfaction of the Planning Board why these standards and criteria are applicable to the Town of Southold. (0 Digital files of the propagation and gap maps, including attribute information, in a geographic information system (GIS) format and projecting that is compatible with the GIS technology currently in use by the Town of Southold. (g) A copy of the deed or lease agreement establishing applicant's right to use the parcel on which the wireless communication facility is to be located. (h) Other information deemed necessary to assess the compliance with this article. (2) Once the application is received in the Building Department, it will be forwarded to the Planning Director for report and recommendations on compliance with § 280-70 General requirements for all wireless communication facilities, and any technical consultant reports that may have been required. No building permit for a wireless facility may be granted prior to this report being submitted to the Building Inspector. Site plan application. The following application requirements are in addition to those required in § 280-133: (l) Seven copies of the completed building permit application required under Subsection B. (2) Aeronautical study or appropriate consultant's report demonstrating that the proposed facility will not constitute an obstruction or hazard to air navigation. feet. (3) (4) (5) (6) (7) (8) (9) Visual impact analysis: renderings or computer graphics illustrating the appearance of the completed facility from residential and public vantage points to be determined by the Planning Board. Adjacent land uses, structures and zoning within 500 feet. The location in latitude and longitude, type and height of the wireless communication facility. A list of other carriers already located on the facility, with the number, type, height, orientation, effective radiated power, number of channels and operating frequencies of each antenna, including the proposed. Digital information about the facility (AutoCAD, Shapefile) that can be imported into a geographic information system depicting the search ring of the proposed facility. A photo of the facility, if already existing. Location of landmarks listed by federal, state or Town agencies within 300 (10) Distances between the proposed facility and the following: (a) The nearest residential structure. (b) The nearest property line with a residential use. (c) All other structures. (d) Roads, rights-of-way, driveways. (11) Fall zone radius and distance. (12) Proposed means of access. (13) Elevation drawings with dimensions clearly indicated, including diameter or width of the structure at its widest and narrowest, and the tallest point, including antennas or lightning protection. (14) Other information deemed by the Planning Board to be necessary to assess compliance with this article. Special exception application. To make the determination on an application for special exception, the Planning Board shall require the following in addition to the requirements of Article XXV of this chapter: (1) Each application shall include: (2) (3) (4) (a) One copy of the building permit application. (b) One copy of the site plan application. (c) A written site location altemative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider% service or engineering needs and the reason why the subject site was chosen. (d) Other information deemed by the Planning Board to be necessary to assess compliance with this article. The applicant shall document to the satisfaction of the Planning Board that a good-faith effort has been made to locate or co-locate on existing towers or other available and appropriate buildings and structures, that it is not feasible to co-locate on an existing facility and that the proposed location is necessary to provide adequate service to the public. The documentation shall include a notarized statement by the applicant as to whether construction of the wireless commtmication facility will accommodate co- location of additional antennas for future users. The Planning Board and Planning Department may retain technical consultants as they deem necessary to provide assistance in the review of the needs and site location alternatives analyses and other matters that the Board deems necessary. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be assessed as an additional application fee. The consultants will work under the direction of the Town Planning Director. Copies of the consultants' qualifications, findings and reports shall be made available to the applicant upon acceptance of the final draft of the report by the Planning Board. The applicant must explain in writing to the Planning Board why it selected the proposed site, discuss the availability or lack thereof of a suitable structure within the search ring for co-location, and the extent to which the applicant has explored locating the proposed facility in a more intensive use district. Correspondence with other telecommunication providers concerning co-location is part of this requirement. The applicant shall also provide evidence supporting the existence of inadequate service. This may include the propagation maps cited above, drive test maps, traffic studies, customer complaint logs and similar data. The applicant must also demonstrate to the Board that the proposed facility satisfies the demonstrated service deficiency to an equal or greater degree than any of the reasonably available alternatives. § 280-75. Historic buildings and districts. No wireless communication facility is allowed on any designated landmark property or district listed by federal, state or Town agencies, except as specified below, and subject to Chapter 170, Landmark Preservation: Any wireless communication facility located on or within an historic structure listed by federal, state or Town agencies shall not alter the character-defining features, distinctive construction methods or original materials of the building. Any alteration made to an historic structure to accommodate a wireless communication facility shall be fully reversible. Wireless communication facilities within an historic district listed by federal, state or Town agencies shall be concealed within or behind existing architectural features, so that they are not visible. § 280-76. Removal; height reduction. Any wireless communication facility that is not operated for a continuous period of 12 months shall be deemed abandoned. At that time, the owner of the wireless communication facility or the owner of the property where the wireless communication facility is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this article. In the case of a wireless communication facility on preexisting structures, this provision shall apply to the wireless communication facility only. If the wireless communication facility is not removed within said 90 days, the Building Inspectors may give the owner notice that unless the removal is accomplished within 30 days, the Town will cause the removal at the owner's expense. All costs and expenses incurred by the Town in connection with any proceeding or any work done for the removal of a wireless communication facility shall be assessed against the land on which such wireless communication facility is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner of the facility and the owner of the property upon which the facility is located shall fail to pay such expenses within 10 days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Building Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner of the facility and the owner of the property upon which the facility is located, with the Assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town of Southold. Height reduction. Where antennas are moved to lower heights on an existing antenna support structure, and the full height is no longer needed, the overall height of the structure shall be reduced. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of wireless communication facilities within the entire Town. The removal reduction provision of this chapter shall supersede any inconsistent portions of the Town Law § 64(5- a) and govern the subject of removal of wireless communication facilities in this chapter. § 280 76.! 77. Preexisting antenna support structures and antennas. Preexisting trang,.'nigg;.zn antenna support structures and antennas, for which a permit has been issued prior to the effective date of this article, may continue in use for the purpose now used and as now existing, subject to the conditions of that permit. Preexisting trans..-n!::~c,.-: antenna support structures and antennas may not be replaced, structurally altered, or added to without complying in all respects with this article. The issuance of permit renewals or other new permits for such facilities shall be in accordance with the provisions of this article. Preexisting tranz~iss.;,~n antenna support structures and antennas without the proper permits shall be considered out of compliance with this article. Any wireless service provider with at least one preexisting tranzm~::izn antenna support structure or antenna in the Town of Southold that is out of compliance with the building and zoning requirements in this chapter, prior to the adoption of this article, shall not be eligible for any new approvals until the preexisting tranzm~::~c,n antenna support structure or antenna is brought into compliance with this article. Until all required permits are secured, no issuance of any new permit shall occur for a request to co-locate, attach, or share an existing transm!ssicn antenna support structure, when such existing facility is found to have one or more antennas or mounts without permits. Any application by a wireless service provider shall be deemed incomplete, if that provider has a preexisting transm~.:z~on antenna support structure in the Town on which there is any antenna or mount without permits, and said application shall not be processed until that facility is brought into compliance with this article. § 280 7~.2 78. Waivers of criteria. In approving a site plan or special exception, the Planning Board may waive or modify the following criteria if it finds that the goals and stated purposes of this article are better served by doing so, and that there is no detriment to the public health, safety and welfare. Section 280-70i4 !(2), Maximum height: 80 feet. In commercial zones, where co- location will achieve the result of fewer antenna support structures, the Planning Board may modify the eighty-foot height restriction with the condition that the antenna support structure be constructed so that antennas can be installed at any height on the structure, and that the overall height of the structure can be reduced if antennas are moved to lower heights. No antenna support structure shall remain at a height that is taller than that required by installed and operational antennas. The applicant must show that co-location of other carriers is likely by demonstrating that coverage or capacity gaps of other carriers are located in the same area as the proposed structure. Section 280-70141(3), Minimum distance of all wireless equipment to adjacent residential property lines or streets shall be no less than 500 feet. This setback requirement may be modified upon a showing by the applicant that the actual distance of the antenna support structure to the residential structure is minimized to the greatest extent possible. Section 280-72A(6), Scenic landscapes and vistas. The requirement of planting of surrounding tree coverage and foliage to account for existing vegetation and land contours may be modified by the Planning Board but only in cases where it can be shown that the existing vegetation achieves the purpose of concealing the structure. Section 280-70M N(4), Base equipment shelter landscaping. The requirement of planting of screening vegetation may be modified by the Planning Board in cases where it can be shown that existing screening that accomplishes the goal of concealing the base equipment shelter from other properties and roads. Section 280-72A(9), Antenna support structures in or adjacent to residential zones. If the structure is located on a property that is adjacent to a residential zone, the Planning Board may modify the requirement of planting of surrounding tree coverage and foliage in cases where it can be shown that existing vegetation and land contours achieve the purpose of concealing the structure from nearby residences. Section 280. 76.1 77A and Section 280-77B, Preexisting antenna support structures and antennas not in compliance. The provision requiring preexisting nonconforming facilities to be brought into compliance may be modified by the Planning Board where such facilities would be required to be rebuilt or relocated to be in compliance, if, in those cases only, the applicant demonstrates that those preexisting facilities, given the carrier's coverage or capacity needs, are already located in a place that would comply the same or better as any alternate locations, or are already constructed to be as unobtrusive as possible. § 280-79. Relief. With the exception of relief from the denial of an application for special exception approval pursuant to l}280-73, any applicant desiring any other relief or exemption from the requirements of this Article may seek a variance from the Zoning Board of Appeals in accordance with Article XXVI of this chapter. § 280 7~.~a 80._~. Severability. The various parts, sections and clauses of this article are hereby declared to be severable. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this article as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. § 280 7~.~ 81. When effective. This article shall take effect immediately upon filing with the Secretary of State. Dated: June 15, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON July 1, 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suflblk Times TC's Bulletin Board Planning Dept. Town Board Members Accounting Dept. ZBA Town Attorney Bldg. Dept. Cooper, Linda From: Sent: To: Subject: Attachments: townclerk [townclerk@shelterislandtown.us] Wednesday, June 23, 2010 11:48 AM Cooper, Linda Read: Notice to Adjacent of PH via mail ATT678800.txt ATT678800.txt (493 B) This is a receipt for the mail you sent to "Bunch, Connie" <Connie. Bunch@town.southold.ny.us>; "Cantrell, Elizabeth" <elizabethc@town.southold.ny.us>; "Cappabianca, Lucille" <lucillec@town.southold.ny.us>; "Cooper, Linda" <Linda. Cooper@town.southold.ny.us>; "Lanza, Heather" <heather.lanza@town.southold.ny.us>; "Randolph, Linda" <Linda. Randolph@town.southold.ny.us>; "Standish, Lauren" <Lauren. Standish@town.southold.ny.us>; "Toth, Vicki" <vicki.toth@town.southold.ny.us>; "Verity, Mike" <Mike.Verity@town.southold.ny.us>; "Riverhead Tow~z Clerk" <wilhelm@riverheadli.com>; "Shelter Island Town Clerk" <townclerk@shelterislandtown.us>; eSouthampton TOwn clerk" <sschermeyer@southamptontownny.gov> at 6/23/2010 11:02 AM verifies that the message has been displayed on the ~his receipt recipient's computer at 6/23/2010 11:47 AM Page 1 of 1 Cooper, Linda From: Diane Wilhelm [wilhelm@riverheadli.com] Sent: Wednesday, June 23, 2010 11:43 AM To: Cooper, Linda Subject: Read: Notice to Adjacent of PH via mail Attachments: Read_ Notice to Adjacent of PH via mail.txt 6/23/2010 Page 1 of I Cooper, Linda From: Reisenberg, Lloyd Sent: Wednesday, June 23, 2010 12~14 PM To: Cooper, Linda Subject: RE: amend Wireless Corem 7-13-10 Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Iloyd. reisenberg~town.southold, ny. us Office 631.765.1891 Cell 631.879.1554 From: Cooper, Linda Sent: Wednesday, June 23, 2010 11:37 AM To: Reisenberg, Lloyd Subject: amend Wireless Corem 7-13-10 Would you mind adding this Notice of Public Hearing to the website? thank you Icoop 6/23/2010 Payroll/Finance Fax:6513213724 gui 13 2010 13:23 P. 01 ELIZABETH A. NE%~LLE. RMC, CMC TO~N CLEl~K REGISTI~R OF ~T~ STATISTICS ~GE OF~CER RECORDS ~AGE~NT OFFICER F~EEDOM OF ~NFO~T~ON OFFICER Town Hall, 53095 Main Road mou~holdtown.northfork.net OFFICE OF THeE TOWN TOWN OF SOUTHOLD June 23,2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on ' 13. the proposed Local Law lasted below o July 13, 2010: 7:3S PM - Local La.w in relation to Further AmendmeptS to Wireless Communication Facilities, Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you, Elizabeth A. Neville Town Clerk ARachments cc: Suffolk County Department of Planning Village of Oreenport £maih Southold Town planning Board Southold Town Assessors Southold Town Building Department ~.~md-State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of So.~u~_ pton Title,..~~'~~ PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page I of I Cooper, Linda From: Cooper, Linda Sent: Wednesday, June 23, 2010 11:03 AM To: Bunch, Connie; Cantrell, Elizabeth; Cappabianca, Lucille; Cooper, Linda; Lanza, Heather; Randolph, Linda; Standish, Lauren; Toth, Vicki; Verity, Mike; Riverhead Town Clerk; Shelter Island Town Clerk; Southampton Town clerk Subject: Notice to Adjacent of PH via mail Attachments: amend Wireless Comm 7-13-10.doc; image001 .png; oledata.mso June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Commission Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton Signature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK 6/23/2010 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 23, 2010 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on July 13, 2010: 7:35 PM - Local Law in relation to Further Amendments to Wireless Communication Facilities Please sign a duplicate of this letter and return to me at your earliest convenience by mail or email. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Email: Southold Town Planning Board Southold Town Assessors Southold Town Building Department Town of Riverhead Elizabeth A. Neville Town Clerk Long Island State Park Commission Southold Town Trustees Southold Town Board of Appeals Town of Shelter Island Town of Southampton gnature, Received By Please print name Date: Title: PLEASE SIGN AND RETURN TO SOUTHOLD TOWN CLERK Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview,com] Sent: Wednesday, June 23, 2010 10:35 ,AM To: Cooper, Linda Subject: RE: amend Wireless Corem 7-13-10 Hi Linda, I have received the notice and we are good to go for the 7/1 issue. I will definitely not complain about being in the office today. The a/c feels great! Have a great day and stay cool yourself! © Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Wednesday, June 23, 2010 9:42 AH To: Suffolk Times Legals Subject: amend Wireless Corem 7-13-10 Hi, Please confirm receipt of this Legal Notice of Public Hearing to be published in the July 1 edition of the Suffolk Times. Try to stay cool, looks like we are in for a hot one today. Linda J. Cooper Deputy Town Clerk 6/23/2010